Identifier
Created
Classification
Origin
08ASTANA1220
2008-07-08 11:17:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:  

KAZAKHSTAN - SUPREME COURT CHIEF JUSTICE SEEKS FURTHER USG

Tags:  PGOV PHUM EAID KZ 
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VZCZCXRO1699
PP RUEHLN RUEHVK RUEHYG
DE RUEHTA #1220/01 1901117
ZNR UUUUU ZZH
P 081117Z JUL 08
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 2706
INFO RUCNCIS/CIS COLLECTIVE 0552
RUEHVEN/USMISSION USOSCE 1924
RUEHAST/USOFFICE ALMATY 0539
UNCLAS SECTION 01 OF 02 ASTANA 001220 

DEPARTMENT FOR SCA/CEN, DRL/PHD

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM EAID KZ

SUBJECT: KAZAKHSTAN - SUPREME COURT CHIEF JUSTICE SEEKS FURTHER USG
COOPERATION ON JUDICIAL REFORM

ASTANA 00001220 001.2 OF 002


SUMMARY
-------

UNCLAS SECTION 01 OF 02 ASTANA 001220

DEPARTMENT FOR SCA/CEN, DRL/PHD

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM EAID KZ

SUBJECT: KAZAKHSTAN - SUPREME COURT CHIEF JUSTICE SEEKS FURTHER USG
COOPERATION ON JUDICIAL REFORM

ASTANA 00001220 001.2 OF 002


SUMMARY
--------------


1. (SBU) On June 18, Ambassador Ordway and USAID Regional Director
Bill Frej attended the opening ceremony for a USAID-funded courtroom
recording system in Astana. The Chief Justice of the Supreme Court
of Kazakhstan, Kairat Mami, attended as well. After the ceremony
and a brief demonstration, Mami met with the Ambassador and the
USAID Regional Director. In the meeting, he asked for ideas on how
to expand and continue the USG-Kazakhstan partnership in judicial
reform. The USAID Regional Director proposed a framework based on
the highly successful USAID Program for Economic Development (PED)
which is co-financed by both governments. Mami was extremely
interested in the idea and asked for a proposal as follow up to the
meeting. End Summary.

BACKGROUND AND OPENING CEREMONY
--------------


2. (U) The opening ceremony in Astana was part of USAID's Kazakhstan
Judicial Assistance Project (KJAP),which, in cooperation with the
Supreme Court, is supporting the modernization of the judiciary.
Based on a highly successful pilot program in Almaty in 2005, the
KJAP is now working with its judicial partners to expand the use of
court room video recording systems to every Kazakhstani oblast. The
expansion will continue increasing the judiciary's transparency,
accountability, and effectiveness; it also has the goal of creating
a stronger and more independent judiciary as well as increasing
citizen demand for a fair and transparent judicial system that
responds to their needs.


3. (U) The KJAP ensures that a complete and accurate record of the
trial exists, thus creating confidence among citizens that their
trials were conducted properly and impartially. Seventy-three
percent of citizens who participated in a recorded trial reported
that they have more trust in courts that use the video recording
equipment than those that do not. Ninety-three percent of all court
staff using the equipment support its use in all courts in
Kazakhstan. Increased confidence and satisfaction was also shown in
the drop in appeal rates for recorded cases, as non-recorded cases
were three times more likely to be appealed.


4. (U) Over the next year and a half, the KJAP and the Supreme

Court's Administration Committee will install video recording
systems into at least 27 courts, train court staff in their usage,
and oversee their operation. These 27 courts will include 14 oblast
courts, the city courts of Almaty and Astana, and several rayon
courts. The systems will include voice-disguising features to
protect the identity of witnesses. This expansion includes a
considerable cost share from the Supreme Court and represents a
nascent political will for judicial reform. USAID has been
developing this relationship for several years and the June 18
meeting should lead to more opportunities for partnership in areas
of even more extensive judicial reform.

THE MEETING
--------------


5. (SBU) The meeting began with Chief Justice Mami thanking the
Ambassador and the USAID Regional Director for their assistance
helping Kazakhstan equip its courtrooms. He noted that he was
extremely pleased with the project and that he would like to hear
what the Ambassador and USAID Regional Director thought about future
cooperation. He said he was prepared to listen to any and all
ideas.


6. (SBU) The USAID Regional Director brought up the Program for
Economic Development (PED). He noted that USAID's economic office
and the Ministry of Economy and Budget planning have had excellent
success with the model. He explained that the program was a
four-year $40 million bilateral agreement, designed to promote
development and diversification of Kazakhstan's economy. He noted
that in the PED, USG funding decreases over time, while the
Kazakhstani government's funding increases. The USAID Regional
Director said that this model could easily be applied in the
judicial reform area, adding that USAID was looking at such a model
in the health sector.


7. (SBU) In response, Chief Justice Mami expressed pride in the fact
that Kazakhstan has been leading in judicial reform in Central Asia
for many years. He noted that Kazakhstan has so far been the only
country in the region to implement jury trials and set up modern
court procedures. Mami expressed support for the USAID Regional
Director's proposal. He said that he liked the idea of the PED
program and that future cooperation should involve a PED-like
format. He was excited that this could be a model for judicial

ASTANA 00001220 002.2 OF 002


reform and said that he would personally like to be involved with
showing it off to other countries. He concluded by mentioning that
Kazakhstan is moving forward on WTO accession, and that perhaps
judicial training to help with WTO membership might be a starting
point for future cooperation.

REASONS FOR FURTHER COOPERATION ON JUDICIAL REFORM
-------------- --------------


8. (SBU) From the Kazakhstani perspective, concrete steps beyond
what they have begun with the KJAP will need to continue if they are
truly interested in furthering their integration into the global
legal community. As Kazakhstan continues to embrace the challenges
of operating in compliance with the full range of international
legal obligations, further reforms will be necessary. Kazakhstan
will also face a number of mandatory improvements if its desired
membership in the WTO is to occur. WTO membership requires a
judiciary with predictable and transparent court proceedings for
businesses.


9. (SBU) While the aforementioned reasons are important to the USG,
cooperating with the Supreme Court also presents an opportunity to
advance our public relations. In Central Asia, it is very rare that
the USG has an opportunity to partner with a host government on a
development project. It is even rarer that they partner together on
something related to democracy and governance. In addition to
providing assistance at a critical moment when Kazakhstan is asking,
a positive and significant USG response for further cooperation
could go a long way to further relations with Kazakhstan and the
region.

COMMENT
--------------


10. (SBU) Both the Ambassador and the USAID Regional Director were
extremely impressed and pleased with Chief Justice Mami and his
desire for future partnership. While it remains to be seen how far
and deep the reforms will go, this is the first indication from a
high source that the Government of Kazakhstan is interested in
receiving USG assistance for help in reforming its judiciary. Post
looks forward to continued engagement on this highly important
issue. End Comment.

ORDWAY